Scott D. Swanson, a registered patent attorney at Dykas, Shaver & Nipper, has a published article in the August issue of The Journal of Internet Law. Mr. Swanson’s article, titled “The Digital Millennium Copyright Act and the iPhone: An Unnecessary Proceeding,” was first published in the February 2010 issue of the Idaho State Bar publication The Advocate. The article concerns what is known as “jail breaking” Apple’s iPhone, in which iPhone users overcome iPhone security features to allow iPhones to run non-Apple sanctioned software. While jailbreaking was ruled legal under the Anti-Circumvention provision of the Digital Millennium Copyright Act, by the United States Copyright Office, Mr. Swanson’s article explains why jailbreaking was previously legal pursuant to Sixth Circuit precedent. The Journal of Internet Law is a national publication dealing with legal issues pertinent to the internet realm. The article can be viewed here.
Mr. Swanson also recently presented a CLE at the Idaho State Bar Intellectual Property Section meeting on May 20, 2010 entitled “Shapes, Sounds & Scents: A CLE on Nontraditional Trademarks.” The CLE presentation covered the theory and requirements behind non-traditional trademarks. Non-traditional trademarks comprise, e.g., colors, shapes, and smells, in contrast to traditional trademarks, which include, e.g., logos, emblems, and design marks.